Personal Property

Question 1

Abandoned Property

Answer 1

1) Is it abandoned? - Did O voluntarily give up possession with the intent to give up title and control?
2) Has someone acquired rights in it? - Did finder possess with the intent to assert title and control?

Question 2

Lost Property

Answer 2

If O places property accidentally and involuntarily.

Finder prevails over Occupier.

Exceptions: trespasser, servant, or found in highly private locus

Question 3

Mislaid Property

Answer 3

If O took voluntary, affirmative act in place it down, and O leaves it behind.

Occupier prevails over Finder.

Question 4

Gifts Inter-Vivos

Answer 4

1) Donative intent (to pass title)

2) Valid delivery
- Check/Note to donee: No delivery until check is cashed, or note paid
- Check/Note to donor: Valid immediately
- Stock certificate: valid immediately
- Middle person: when in doubt, donor’s agent

3) Valid acceptance (presumed, unless express rejection)

Question 5

Gifts Causa Mortis

Answer 5

Is donor making the gift in grave peril?
- Fair degree of certainty or likelihood of death that is imminent and likely to occur

Revocation protections

1) Donor can revoke
2) Donee predeceases donor
3) Donor recovers

Question 6

Bailments

Answer 6

Has alleged bailee taken custody of chattel with intent to serve as bailee?

Safe deposit box: contents are bailed
Parking lot/garage: depends on whether owner gave up keys

Question 7

Liability of bailees

Answer 7

Standard of Care

1) Sole benefit of the bailor –> gross negligence
2) Sole benefit of the bailee –> slight negligence
3) Mutual benefit –> ordinary care

Strict Liability

1) Unauthorized use
2) Misdelivery